The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-02
In Plea No, y

Va the Indictment Tor malfeasance
and noniehfance In office Judge Had.
den asks that the indictm, mt be
quashed, because the Witnesses npon
whose testimony the indictments
were found were summoned aud
brought before the grand Jury upon
subpenn issued by the clerk of the
court at the instance and request OF
the foreman, p. q. Meath, 70 testify
upon general information, and when
before the grand jary were examined
solely In regard 10 the alleged NAL.
feasance and nonfeaaance set forth In
the Indictment clause, and were
brought before the grand Jury alone
for the purpose OF iestifying against
defendant, MADDEN. II further aileges
that the taid wi,neeses wore not cub.
penatd upon the order Of the attorney
general or tie judge, or Of any other
officers having power or authority 10
iesus subpenas, nor were the witnesses
nor any OF them sent before the grand
Jury TO testify In regard 10 alleged Of.
lenses sst forth In tue Indictment upon
any order Of the attorney general or
OF the Judge Of the court, nor Of the
court itself; and Il IL further
ayerrtd that nj tina time the
said Witnesses were 30 brought. before
the grand Jury, and at the time when
they gave their evidence beioro the
ssaud jury naither The ehsfsa a.;
forth IL the indie menl nor tho bill of
indictment Itself for said charge had
been prepared by the attorney general,
nor laid before the grand jury Tor &C.
tion upln same; defendant Ayers that
Foreman 2. q. Meath, Of the said
grand Jury, and said grand Jury 20
finding the bill Of indictment In this
cause, arbitrarily and In violation OF
law bad said xltne ees Summoned be-
lore them, claiming 10 exercise and sx-
eTcising In regtrd 20 said alleged of.
lenses cot fortn la tbs indictment in
qulsitorial powers. Deiendun, further
avers that there was no other or fur.
ther evidence before said grand iury
upon which this indictment WAS based
or ioundsd, save and except alone the
evidences Of said Witnesses named, who
were brought before said grand Jury
In the manner and form set forth.
lie further AYERS that said uu-
authorised and illegal sun. nonlng
oil said witnesses a above set
iorlh wS without the kuowl.
edge OF concurrence Of the attorney
general, he being wholly unaware
and ignorant oil their illegal act; de.
fendani further ayers that he has no,
PRIOR to the hnding Of said indictment
nor at any tins been arrested upon
The complaint OF any citizen or
charged under any warrant Issued by
any justice OF tbs peace OF this county
lJr the commission OF the oiIense eel
forth In the Indictment, nor has any
perdon ever comp Aimed % the Attof.
ney general nor 10 tho court itselL.
ssking or demanding that bill Of Ia.
dictmeut ehou 4 be preferred agLnrt
the defendant Tor the change oct forth
In the Indictment, nor did tho a,toy.
ney general prefer said bill, nor 70.
quest nor order haid g'And Jury 10 In.
yesugale the chsfgta therein con.
tanned until long alter raid Witnesses
were brought before TIE grand iuty
and examined nor until ths
grand iiry bed reported no
the couTls the evidence Of faid
Illegal viiaetse6 bsleTo said grand
larry. and tho court had or.
dered raid attorney general 10 pref,
the Indictment In THE cauie, The said
order, 80 made by the court upon ~
attorney general Of the court 10 pr1.
pare the Indictment In this cas-, being
basst Alone on gash report o. said
evidence eo. Illegally obtained defend.
ant further avofS that. after the MAG.
Ing Of the order, and after raid indlc,.
ment he'd been prepared and submit
ted 81 the grand Jury by the Atjn4y
general, they, ths grand Jury, head
no evidence, examined no wilnensts
and had no proof Whatever Il any
klnd, and without Hnd In the absence
Of any ovdoaoe or testimony Of any
kind, returned che same into open
court lrue bill.